What are the rules governing federal wiretaps?

Federal wiretaps are authorized under Title III of the Omnibus Crime Control and Safe Streets Act of 1968. The rules governing federal wiretaps in Texas are largely the same as those governing wiretaps in the other 49 states. In Texas, law enforcement must obtain a court order from a federal judge or magistrate in order to wiretap any phone, cell phone, or computer in the state. Before ordering a wiretap, the judge or magistrate must find that there is probable cause to believe that a crime has been committed and that the wiretap will yield evidence of the commission of the crime. Law enforcement must also demonstrate that other investigative techniques have been tried and failed, or cannot reasonably be expected to succeed, before a federal wiretap will be authorized. Once the court order is granted, the wiretap must be conducted in a manner that minimizes the interception of communications unrelated to the criminal activity being investigated. The target of the wiretap must be notified of the intent to conduct a wiretap within 90 days or as soon as possible, whichever time period is shorter. Wiretapping is a serious invasion of privacy and is highly regulated in the U.S. and Texas. These rules help to ensure that wiretapping is only used in cases where the evidence of a crime warrants such an extreme measure of surveillance.

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